Arizona residents recently voted to legalize the use of medical marijuana, but...

Arizona residents recently voted to legalize the use of medical marijuana, but a new lawsuit filed by the state’s attorney general is bringing to light a very confusing aspect of the new law. Under Proposition 203, the act by which Arizona voters legalized marijuana for some uses, patients may grow and give the drug to other patients, but only if there are no dispensaries nearby and nothing of value is exchanged between the patients.

As of now, there are no licensed dispensaries for medical marijuana in Arizona, as Governor Jan Brewer has filed a lawsuit essentially asking federal permission to issue the licenses for these facilities (an action not taken by the governor of any other state once a medical marijuana law was passed). While this means that there are no locations problems when it comes to patients growing and giving their own marijuana to each other, hurdles still remain. In particular, those without licenses may charge no fees nor accept anything of value for their marijuana.

The suit filed by the state’s attorney general contends that three Phoenix area “marijuana clubs” are violating this rule by charging fees. Al Sobel, the founder of the 2811 Club, contended that his club is “just a venue” for patients to exchange medical marijuana amongst themselves, despite the fact that the club charges an application fee of $25 and a $75 per visit entry fee to attend classes and get a marijuana sample.

Joe Yuhas of the Arizona Medical Marijuana Society complained, “In lieu of a regulated industry, we’re now creating an environment in which patients are growing their own with limited oversight, and these private clubs of questionable legality are popping up.”